Leshman's Attorney Challenges Cybercrime Section
Pini Bothoko | Monday October 12, 2020 15:24
Lekgowe is representing, Phakalane businessman Leshman in a case in which he is charged with offensive electronic communication.
Leshman is jointly charged with Nolwazi Showa and Daniel Kenosi who was not before court.
The trio are alleged to have contravened Section 18 of the Cybercrime and Computer Related Crimes Act, No, 18.
The section reads: “A person who willfully, maliciously or repeatedly uses electronic communication of an offensive nature to disturb or attempt to disturb the peace, quiet or privacy of any person with no purpose to legitimate communication, whether or not a conversation ensues, commits an offence and is liable to a fine not exceeding P20,000 or to imprisonment for a term not exceeding one year or to both.”
The particulars of the offence state that Showa, Leshman and Kenosi, not before court on or about December 26, 2019, whilst acting together willfully and maliciously used electronic communication of an offensive nature, by creating and causing publication of said communication via voice note across several social media platforms including WhatsApp and Facebook.
It is alleged they effected that one Mokwadi Pedriel Nyame popularly known as Pedro defiled a 16-year-old girl, knowing electronic communication to be false and thereby offensive in nature and not intended for any legitimate communication, thereby disturbing the peace, quite and privacy of Pedro and the said teenager.
Lekgowe disclosed the intention when recently appearing before Broadhurst Chief Magistrate Linah Oahile-Mokibe.
Lekgowe said his client and co-accused Showa were appearing for mention in which it was scheduled for the duo to take a plea.
“I am pleading with this court to reserve my client’s plea as I intend to challenge Section 18 of Cybercrime [and Computer Related Crimes] Act of 2018 at High Court because it is unconstitutional and violates people’s rights. I intend to file within 14 days,” Lekgowe said.
The attorney further raised an issue of inconvenience stating his client’s phone was confiscated by the police and never released to him whilst his co-accused’s phone was returned.
Responding to Lekgowe, prosecutor Wedu Mbongwe said the investigating officer in the case, detective senior superintendent Sergeant Marapo briefed her that all the accused persons’ phones were confiscated and are still in evidence.
Mbongwe further stated that the duo’s phones would be used as evidence in court should the matter proceed to trial.
Meanwhile, Oahile- Mokibe went ahead and set another mention date to November 20, 2020 for arguments.
She, however, allowed Lekgowe to proceed and file his intensions before the High Court.
She went on to state that the confiscation of the accused persons’ phones by the state was lawful.